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intermediazione dal 1992

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Capital gain

Large buildings are owned by individuals or more co-owners. Often the estate is owned by organizations or companies no longer operating in relation to the disposal or closure of the business and are trying to manage it and obtain income by renting it. The acquisition of these properties can be done in two ways:

- With the purchase of the property through regular deed of sale;

- With the acquisition of 100% of the equity shares of the company (acquiring the company or a division of the company).

The law of the Consolidated TUIR (Tax on Income) - Presidential Decree 917/86 involves the taxation of CAPITAL GAINS for sellers. Namely, they are subject to taxation - as a general rule - in relation to the highest value obtained between the purchase price and the resale price. The calculation of the capital gains is different depending on the different possible methods of purchase. It 'important to know the total amount, since the sum to be paid is often high and can affect the negotiations between the parties.

Capital gains
Acquisition of real property by deed of sale
a) From individuals - The capital gains realized through the allotment of lands, or the execution of works designed to make a property suitable for building, and the subsequent sale, even partial, of land and buildings, are taxed;
capital gain- Capital gains realized by  properties that were purchased or built no more than five years ago, excluding those acquired by inheritance and estate urban units that for most of the period between the purchase or construction and the sale have been engaged as a principal residence of the transferor or his family (...), are taxed; the Capital gain in this case is the difference between the purchase price and the resale price;

b) From companies or societies - Capital gains, calculated as the difference between the sale price and the residual value of the property recorded in the book of depreciable assets (cost not yet amortized) are always taxed
Acquisition of 100% of the equity shares of a company - or a business division
a) from individuals - The capital gains realized through the disposal for consideration of the qualified shares are taxed. The capital gain is calculated as the difference between the sale price of the shares and the book value of those.
b) from companies or societies - The capital gains realized through the disposal for consideration of all the equity shares are taxed.The gain is calculated as the difference between the sale price and the book value of the participation of those.